What Visa Conditions Apply to a Partner Visa?
Key points
- The Subclass 820 and Subclass 309 generally carry no limit on work or study.
- The Subclass 300 prospective marriage visa requires marriage to the sponsor within the visa period.
- The Subclass 801 and Subclass 100 are permanent visas with a travel facility for five years from grant.
- Bridging visas held while a partner visa is processed carry their own conditions.
What conditions apply to the Subclass 820 and Subclass 309?
The Subclass 820 and Subclass 309 generally carry no condition limiting work or study, so the holder can work for any employer and study in Australia while waiting for the permanent stage. The holder can also travel in and out of Australia while the visa is held. Applicants should still check the grant notice and VEVO for the conditions recorded on their own visa. Our article on partner visa conditions explains each subclass, and our page on the Subclass 309 visa covers the offshore temporary visa.
What conditions apply to the Subclass 300 prospective marriage visa?
The Subclass 300 prospective marriage visa requires the holder to marry the sponsor within the visa period, which is nine months from grant. After the marriage, the holder applies for the Subclass 820/801 in Australia, and a reduced application charge applies to that application in the usual case. Our page on the Subclass 300 visa explains the marriage requirement and the next application.
Do permanent partner visas have any conditions?
Permanent partner visas, the Subclass 801 and Subclass 100, give permanent residence with no work or study limits. The travel facility allows the holder to leave and re-enter Australia for five years from grant. After that, a permanent resident who wants to travel needs a resident return visa or Australian citizenship. Our article on the permanent partner visa explains permanent residence.
What conditions apply to the bridging visa while my partner visa is processed?
The bridging visa held while a partner visa is processed carries its own conditions, which may differ from those of the partner visa. A Bridging Visa A, for example, does not allow travel, and the work and study conditions depend on what the grant notice records. Our article on partner visa bridging visa work rights explains how to check what is allowed.
Can a partner visa be cancelled for a breach of conditions?
A partner visa can be cancelled in certain circumstances, including where the holder has not complied with a visa condition or where incorrect information was given. Temporary partner visas can also be affected where the relationship ends. Cancellation usually requires the Department to give notice and an opportunity to respond. Our articles on the partner visa cancellation notice and partner visa cancellation review explain the process.
Are there obligations that apply even though they are not visa conditions?
There are obligations that apply even though they are not visa conditions, such as telling the Department about relevant changes in circumstances while an application is being processed. The relationship must also remain genuine and continuing until the permanent visa is granted. Our article on partner visa change of circumstances explains what must be reported.
How does My Migration Lawyers explain the conditions on a partner visa?
My Migration Lawyers reads the grant notice and the Department's records with the client after each grant, so the client knows exactly what the visa and any bridging visa allow. The firm advises on work, study, travel and the reporting obligations that continue until the permanent stage, and acts promptly if a notice of intention to cancel is received. Visa holders can ask our partner visa lawyers about their own conditions.
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